Our client, who lives abroad, came to Turkey for nose surgery. While expecting a better result in terms of both aesthetics and health, he encountered shortness of breath, hollowing and deformities in the nasal bone after the operation. During the whole process of the lawsuit, we had 6 expert reports against us. In the expert reports submitted to the court, the experts denied the defendant doctor was negligent and repeatedly gave negative reports to the court, stating that such outcomes were possible complications.
So, how did we win this case?
In line with the case law of the Supreme Court, we asked the question: Did the client receive the benefit of the operation for which her doctor had accepted her? In this case, the client's implants had been removed – in effect the procedure the doctor had promised had been reversed and the client put back into the position she had been in before the operation. Following the Supreme Court’s decision in a similar case, which ruled that patients have a claim when they do not receive the benefit they were promised, this detail was enough for us to win the case!
Conclusion?
We won this case, which was appealed to the higher court twice and faced major obstacles at every stage! This was because we know the intricacies of health law and we do our best to help our clients protect their rights.
If you are in a similar situation, contact us to learn about your rights!
